Discussion On Public Prosecutor's Right Of Sentence Recommendations In China

Public prosecutor's right of Sentence recommendations refer that in the procedure of criminal prosecution, a public prosecutor, representing the public prosecutor's office, advises the sentence court to adjudicate a specific sentence for the defendant on a basis of a specific conviction complaint.Sentence recommendations, as one part of public prosecution is not a substantive right but a procedural right in the frame of judicatory prosecuting right. It can be categorized by mode of imposing into general, relative and absolute sentence recommendations, which have a far-reaching effect on maintaining lawful justice and preventing from producing a miscarriage of justice. Through the methods of comparison and analysis, this article is trying to discuss the view on sentence recommendations on the standpoint form the P.R.C to the overseas and go further to prove the rationality of public prosecutor's right of sentence recommendation and of accessory regulations, design a set of principles, performance, due time, outcome and corresponding measures in order to urge the regularization of the prosecution and to reach the goal of improvement of economic and efficient prosecution and realization of criminal law reforms.